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  1. #11
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    210

    Default Re: Can You Use Your Home Address as a LLC Mailing Address

    Bud, scroll down to: 1.21 Zoning Ordinances, see possible restrictions for a residential business. If the concern here is a residential vs. commercial zoning, I don't see how a Mailbox "in and of itself" would be inclusive as a zoning issue?

    https://www.sba.gov/sites/default/fi...PT_ENGLISH.pdf

  2. #12
    Join Date
    Nov 2013
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    6,326

    Default Re: Can You Use Your Home Address as a LLC Mailing Address

    Quote Quoting Taxing Matters
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    Let me put it this way: I have lived in a number of different cities and counties and in none of them was it prohibited for someone living in a residential zone to receive business mail there. The whole purpose of zoning is to restrict the use of the property to certain activities. Getting mail for a business at a home does not change at all that is is still just a residence and that no business activity that impacts the neighbors takes place there. Since you are the one making the assertion that getting mail alone might violate the zoning law, can you provide a citation to any zoning ordinance that says that?
    You and LL are not correct. I never said that receiving business mail at a residence was in any way illegal or prohibited. You are deflecting from what I posted.

    I posted that it could violate zoning laws and that OP should check with the local jurisdiction and the county before making his decision.

    Did you practice law from your residence? Some jurisdictions would have allowed that and some would not.

    Receiving business mail that is addressed to a residence can be a problem. Aside from zoning if the residence is in a HOA, the covenants and restrictions could forbid that leading to problems. The definition of what constitutes running a business from a private residence depends on the jurisdiction.

    There is no size fits all in this situation. To say that using a residential mailing address to run a business is permissible without knowing the exact situation and the laws that govern it is just wrong.

    Many or I'll say most jurisdictions define what a home occupation is in their zoning laws. Some allow professional services (lawyers, architects, doctors) and some do not. Some allow trades like plumbers and carpenters to operate out of their homes but they can't have commercial vehicles associated with the business parked on the property. A plumber can't have acetylene for his torch stored on the property. Most home occupation zoning I have read say that there can be no employees working at the residence and that only family member can participate.

    OP wants to run a rental business from his house. It may look like only a mailing address but is it a permissible business where he lives. The fact is that if he doesn't have another address where he has an office, he is running his business from his house. And that may or may not be a permissible use of his property. And that is a fact.

    Read this case.

    Here we have a woman who owned a camp site in another county from where she lived. She conducted her business from her home. There was nothing apparent that would suggest that she was running a business from her house. She received mail and responded to clients. The city got an injection against her running her business from her home because she from time to time hired someone to help her. Also follow the cites to other cases that were cited.

    Bottom line; OP may or may not be able to do what he is anticipating. But to say that I'm incorrect only shows me that you have limited knowledge of zoning laws and the case law surrounding it.

  3. #13
    Join Date
    Oct 2006
    Posts
    15,497

    Default Re: Can You Use Your Home Address as a LLC Mailing Address

    And you keep insisting that getting mail at the address means that you are running the business from that address. It is not the same. Its simply a mailing address. I am sorry, but you are dead wrong on this one and you should simply admit it this time.

  4. #14
    Join Date
    Jul 2018
    Posts
    1,525

    Default Re: Can You Use Your Home Address as a LLC Mailing Address

    Folks bickering over this three month old thread that a spammer resurrected.

    Nice...

  5. #15
    Join Date
    Nov 2013
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    6,326

    Default Re: Can You Use Your Home Address as a LLC Mailing Address

    But it has some interesting facts of law. So what's the harm?

  6. #16
    Join Date
    Oct 2014
    Posts
    7,343

    Default Re: Can You Use Your Home Address as a LLC Mailing Address

    Quote Quoting budwad
    View Post
    You and LL are not correct. I never said that receiving business mail at a residence was in any way illegal or prohibited. You are deflecting from what I posted.

    I posted that it could violate zoning laws and that OP should check with the local jurisdiction and the county before making his decision.
    LOL, Bud, you just tried to have it both ways. The first sentence you say you never said that just receiving mail could violate anything, then in the next you (again) say that it could violate the zoning the laws. I asked you for a citation to any zoning ordinance where that would be the case. You've not done that. So I'm still waiting.

    [QUOTE=budwad;1123976]Here we have a woman who owned a camp site in another county from where she lived. She conducted her business from her home. There was nothing apparent that would suggest that she was running a business from her house. She received mail and responded to clients. The city got an injection against her running her business from her home because she from time to time hired someone to help her. [/QUOTE}

    (Bolding added.) Quite right, what you wrote that I put in bold was her problem. If you look at the footnote to the case where the actual zoning ordinance is quoted, you'll see it allowed business activity so long as the residential character of the neighborhood is not changed by the activity and so long as others are not employed there. It was the employment of persons there that did her in. Not just receiving mail.

    I certainly agree that if the OP actually conducts some part of his business activity from the home (apart from just getting mail there) he would be wise to check with the zoning ordinances to see exactly how much activity he could do there. So if that was all that you had said I'd not have taken issue with it. But so far you've not backed up your statement that receiving mail alone would be enough to cause a violation in any jurisdiction.

    And, of course, the issue you raise has nothing to do with the requirements for forming the business entity.

  7. #17
    Join Date
    Nov 2013
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    6,326

    Default Re: Can You Use Your Home Address as a LLC Mailing Address

    Quote Quoting Taxing Matters
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    But so far you've not backed up your statement that receiving mail alone would be enough to cause a violation in any jurisdiction.
    You really don't expect me to search every jurisdiction and their zoning laws to find you just one that says what I say it could mean. Do you?

    I guess you would have to define what doing business is. If someone has an LLC that owns and rents real estate and receives the mail of the LLC at his home (and he has no other business address associated with his business), what is he doing at his home? If a possible tenant contacts him at his home through the mail and he responds, is he conducting business? As I said before, it may look like just a mailing address but is he running his business from his home? I say he is. He is running a property rental business from his home.

    I did find one municipality out of thousands in a Google search that addresses this situation and I searched no further.

    https://montclairnjusa.org/UserFiles...ning_Nov27.pdf

    (
    § 347-13.2 Home Occupations
    11) Clerical work from the home in connection with an insurance, real estate or similar business is not considered an accessory use, unless the occupant has a legally established office elsewhere which is in regular use for this business, and under no circumstances shall the address of the business be established as the home address.
    So there is your one citation that says what I have been saying.

    Quote Quoting Taxing Matters
    View Post
    I certainly agree that if the OP actually conducts some part of his business activity from the home (apart from just getting mail there) he would be wise to check with the zoning ordinances to see exactly how much activity he could do there. So if that was all that you had said I'd not have taken issue with it. But so far you've not backed up your statement that receiving mail alone would be enough to cause a violation in any jurisdiction.

    And, of course, the issue you raise has nothing to do with the requirements for forming the business entity.
    Then we agree that OP should check out his zoning jurisdiction before making a decision based on what he intends to do at his home.

    And I never raised any issue that it was an issue in forming a business entity.

  8. #18
    Join Date
    Oct 2014
    Posts
    7,343

    Default Re: Can You Use Your Home Address as a LLC Mailing Address

    Quote Quoting budwad
    View Post
    You really don't expect me to search every jurisdiction and their zoning laws to find you just one that says what I say it could mean. Do you?
    No. Since you made the assertion, I thought you would already know of an ordinance that said receiving mail alone, without more, would violate the ordinance. I assumed you weren't just guessing or making it up.

    Quote Quoting budwad
    View Post
    I guess you would have to define what doing business is.
    Exactly. And the extent of the activity matters. But I've never seen where just receiving mail would cause a problem. And as a side note, if that would cause a problem then that city or county IMO would be over regulating. There would be no substantial purpose served by doing that. Of course, some places like to regulate nearly everything.

    Quote Quoting budwad
    View Post
    I did find one municipality out of thousands in a Google search that addresses this situation and I searched no further.

    https://montclairnjusa.org/UserFiles...ning_Nov27.pdf

    So there is your one citation that says what I have been saying.
    Well, no that does not exactly say that. What it says is that the address of the real estate business cannot be "established as the home address." One could have a business established in one location and receive mail for it at another. But it certainly illustrates the need for anyone conducting a business to see what part of his business can be done at home with the zoning he or she has. And on that we both agree.

    It is also, IMO, a nice example of the government overreach that I mentioned.

  9. #19
    Join Date
    Nov 2013
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    6,326

    Default Re: Can You Use Your Home Address as a LLC Mailing Address

    Quote Quoting Taxing Matters
    View Post
    It is also, IMO, a nice example of the government overreach that I mentioned.
    I'm in complete agreement with you. In the case I cited (https://scholar.google.com/scholar_c...=en&as_sdt=4,5) There was no evidence of what was going on inside of the home. No evidence of a sign or a change of character in the neighborhood. And yet the city got an injection to stop the business activity. The courts (across broad jurisdictions) say that is constitutional.

    What next will they try to regulate inside the home?

  10. #20

    Default Re: LLC Mailing Address

    Quote Quoting flyingron
    View Post
    In addition to having a mailing address (which can not be a PO BOX), you are required is to have an "agent for service of process" (or what is commonly referred to in other states, a registered agent). The agent must be a person who resides in California or business able to conduct business in California, with a REAL street address in California (no PO boxes) and is open during normal business hours to accept any legal service. auto clicker word unscrambler jumble solver You could use yourself and your home address, but you'd better make sure that you are regularly available.
    Once again, a mailing address is irrelevant to an operating address.

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